Eliminating Female genital mutilation - An interagency statement OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO - the ...

 
CONTINUE READING
Eliminating Female genital mutilation - An interagency statement OHCHR, UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCR, UNICEF, UNIFEM, WHO - the ...
Eliminating
                                                                                              Female genital mutilation
                                                                                              An interagency statement
                                                                                              OHCHR, UNAIDS, UNDP, UNECA, UNESCO,
                                                                                              UNFPA, UNHCR, UNICEF, UNIFEM, WHO

For more information, please contact:
Department of Reproductive Health and Research
World Health Organization
Avenue Appia 20, CH-1211 Geneva 27
Switzerland
Fax: +41 22 791 4171
E-mail: reproductivehealth@who.int www.who.int/reproductive-health   ISBN 978 92 4 159644 2
Eliminating
Female genital mutilation
   An interagency statement
     OHCHR, UNAIDS, UNDP, UNECA, UNESCO,
      UNFPA, UNHCR, UNICEF, UNIFEM, WHO
WHO Library Cataloguing-in-Publication Data
Eliminating female genital mutilation: an interagency statement UNAIDS, UNDP, UNECA, UNESCO, UNFPA, UNHCHR,
UNHCR, UNICEF, UNIFEM, WHO.
1.Circumcision, Female. 2.Clitoris - surgery. 3.Cultural characteristics. 4. International cooperation. I.World Health
Organization.
ISBN 978 92 4 159644 2 		             (NLM classification: WP 660)
© World Health Organization 2008

All rights reserved. Publications of the World Health Organization can be obtained from WHO Press, World Health
Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264; fax: +41 22 791 4857; e-mail:
bookorders@who.int). Requests for permission to reproduce or translate WHO publications – whether for sale or for
noncommercial distribution – should be addressed to WHO Press, at the above address (fax: +41 22 791 4806; e-mail:
permissions@who.int).

The designations employed and the presentation of the material in this publication do not imply the expression of any
opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city
or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent
approximate border lines for which there may not yet be full agreement.

The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or
recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors
and omissions excepted, the names of proprietary products are distinguished by initial capital letters.

All reasonable precautions have been taken by the World Health Organization to verify the information contained in this
publication. However, the published material is being distributed without warranty of any kind, either expressed or
implied. The responsibility for the interpretation and use of the material lies with the reader. In no event shall the World
Health Organization be liable for damages arising from its use.

Printed in
Contents
Eliminating female genital mutilation: the imperative                                                    1

Why this new statement?                                                                                  3

Female genital mutilation—what it is and why it continues                                                4

Female genital mutilation is a violation of human rights                                                 8

Female genital mutilation has harmful consequences                                                       11

Taking action for the complete elimination of female genital mutilation                                  13

Conclusion                                                                                               21

Annex 1: Note on terminology                                                                             22

Annex 2: Note on the classification of female genital mutilation                                         23

Annex 3: Countries where female genital mutilation has been documented                                   29

Annex 4: International and regional human rights treaties and consensus documents providing protection
         and containing safeguards against female genital mutilation                                     31

Annex 5: Health complications of female genital mutilation                                               33

References                                                                                               36
1
                                                                                       Eliminating Female Genital Mutilation

Eliminating female genital mutilation:
the imperative

 T    he term ‘female genital mutilation’ (also called ‘female genital cutting’ and ‘female genital
      mutilation/cutting’) refers to all procedures involving partial or total removal of the external
 female genitalia or other injury to the female genital organs for non-medical reasons. Between 100
 and 140 million girls and women in the world are estimated to have undergone such procedures,
 and 3 million girls are estimated to be at risk of undergoing the procedures every year. Female
 genital mutilation has been reported to occur in all parts of the world, but it is most prevalent in:
 the western, eastern, and north-eastern regions of Africa, some countries in Asia and the Middle
 East and among certain immigrant communities in North America and Europe.

 Female genital mutilation has no known health benefits. On the contrary, it is known to be harmful
 to girls and women in many ways. First and foremost, it is painful and traumatic. The removal
 of or damage to healthy, normal genital tissue interferes with the natural functioning of the body
 and causes several immediate and long-term health consequences. For example, babies born
 to women who have undergone female genital mutilation suffer a higher rate of neonatal death
 compared with babies born to women who have not undergone the procedure.

 Communities that practise female genital mutilation report a variety of social and religious reasons
 for continuing with it. Seen from a human rights perspective, the practice reflects deep-rooted
 inequality between the sexes, and constitutes an extreme form of discrimination against women.
 Female genital mutilation is nearly always carried out on minors and is therefore a violation of the
 rights of the child. The practice also violates the rights to health, security and physical integrity of
 the person, the right to be free from torture and cruel, inhuman or degrading treatment, and the
 right to life when the procedure results in death.

 Decades of prevention work undertaken by local communities, governments, and national and
 international organizations have contributed to a reduction in the prevalence of female genital
 mutilation in some areas. Communities that have employed a process of collective decision-
 making have been able to abandon the practice. Indeed, if the practising communities decide
 themselves to abandon female genital mutilation, the practice can be eliminated very rapidly.
 Several governments have passed laws against the practice, and where these laws have been
 complemented by culturally-sensitive education and public awareness-raising activities, the
 practice has declined. National and international organizations have played a key role in advocating
 against the practice and generating data that confirm its harmful consequences. The African
 Union’s Solemn Declaration on Gender Equality in Africa, and its Protocol to the African Charter on
 Human and Peoples’ Rights on the Rights of Women in Africa constitute a major contribution to the
 promotion of gender equality and the elimination of female genital mutilation.
2
    Eliminating Female Genital Mutilation

                      However, despite some successes, the overall rate of decline in the prevalence of female genital
                      mutilation has been slow. It is therefore a global imperative to strengthen work for the elimination
                      of this practice, which is essential for the achievement of many of the Millennium Development
                      Goals.

                      This Statement is a call to all States, international and national organizations, civil society and
                      communities to uphold the rights of girls and women. It also call on those bodies and communities
                      to develop, strengthen, and support specific and concrete actions directed towards ending female
                      genital mutilation.

                      On behalf of our respective agencies, we reaffirm our commitment to the elimination of female
                      genital mutilation within a generation.

                      Louise Arbour
                      High Commissioner                                      Thoraya A. Obaid
                      Office of the United Nations High Commissioner         Executive Director
                        for Human Rights (OHCHR)                             United Nations Population Fund (UNFPA)

                       Peter Piot                                            António Guterres
                       Executive Director                                    High Commissioner for Refugees
                       Joint United Nations Programme on HIV/AIDS (UNAIDS)   United Nations High Commissioner for Refugees (UNHCR)

                      Kemal Dervis                                           Ann M. Veneman
                      Administrator                                          Executive Director
                      United Nations Development Programme (UNDP)            United Nations Children’s Fund (UNICEF)

                       Abdoulie Janneh                                       Joanne Sandler
                       Under Secretary-General and Executive Secretary       Executive Director, a.i
                       United Nations Economic Commission for Africa (ECA)   United Nations Development Fund for Women (UNIFEM)

                       Koïchiro Matsuura
                       Director-General                                      Margaret Chan
                       United Nations Educational, Scientific                Director-General
                         and Cultural Organization (UNESCO)                  World Health Organization (WHO)
3
                                                                                      Eliminating Female Genital Mutilation

Why this new statement?
In 1997, the World Health Organization (WHO), the       of the human rights and legal dimensions of
United Nations Children’s Fund (UNICEF) and the         the problem and provides current data on
United Nations Population Fund (UNFPA) issued           the prevalence of female genital mutilation. It
a Joint Statement on Female Genital Mutilation          summarizes findings from research on the reasons
(WHO, UNICEF, UNFPA, 1997) which described              why the practice continues, highlighting that the
the implications of the practice for public health      practice is a social convention which can only be
and human rights and declared support for its           changed through coordinated collective action by
abandonment.                                            practising communities. It also summarizes recent
                                                        research on its damaging effects on the health
Since then, much effort has been made to                of women, girls and newborn babies. Drawing on
counteract female genital mutilation, through           experience from interventions in many countries,
research to generate further evidence on which          the new statement describes the elements needed,
to base interventions, through working with             for both working towards complete abandonment
communities, through advocacy and by passing            of female genital mutilation, and caring for those
laws. Progress has been made at both international      who have suffered, and continue to suffer, from its
and local levels. More United Nations agencies are      consequences.
involved; human rights treaty monitoring bodies
and international resolutions have condemned the        Note on terminology
practice; legal frameworks have improved in many        The term ‘female genital mutilation’ is used in this
countries; and political support for ending female      Statement as it was in the 1997 Joint Statement.
genital mutilation is growing. Most significantly, in   The word ‘mutilation’ emphasizes the gravity of the
some countries the prevalence of female genital         act. Some United Nations agencies use the term
mutilation has declined, and an increasing number       ‘female genital mutilation/cutting’ wherein the
of women and men in practising communities are          additional term ‘cutting’ is intended to reflect the
declaring their support for its abandonment.            importance of using non-judgemental terminology
                                                        with practising communities. Both terms
In spite of these positive signs, prevalence in many    emphasize the fact that the practice is a violation
areas remains high and there is an urgent need          of girls’ and women’s human rights. For further
to intensify, expand and improve efforts if female      explanation on this terminology, see Annex 1.
genital mutilation is to be eliminated within one
generation. To reach this goal, both increased
resources and coordination and cooperation are
needed.

This new Interagency Statement is written and
signed by a wider group of United Nations agencies
than the previous one, to support advocacy for
the abandonment of female genital mutilation. It
is based on new evidence and lessons learnt over
the past decade. It highlights the wide recognition
4
    Eliminating Female Genital Mutilation

                  Female genital mutilation—what it is
                  and why it continues
                  Female genital mutilation comprises all procedures        How widely it is practiced
                  involving partial or total removal of the external
                                                                            WHO estimates that between 100 and 140 million
                  female genitalia or other injury to the female genital
                                                                            girls and women worldwide have been subjected
                  organs for non-medical reasons (WHO, UNICEF,
                                                                            to one of the first three types of female genital
                  UNFPA, 1997).
                                                                            mutilation (WHO, 2000a). Estimates based on the
                                                                            most recent prevalence data indicate that 91,5
                  The WHO/UNICEF/UNFPA Joint Statement
                                                                            million girls and women above 9 years old in Africa
                  classified female genital mutilation into four types.
                                                                            are currently living with the consequences of female
                  Experience with using this classification over the
                                                                            genital mutilation (Yoder and Khan, 2007). There
                  past decade has brought to light some ambiguities.
                                                                            are an estimated 3 million girls in Africa at risk of
                  The present classification therefore incorporates
                                                                            undergoing female genital mutilation every year
                  modifications to accommodate concerns and
                                                                            (Yoder et al., 2004).
                  shortcomings, while maintaining the four types
                  (see Annex 2 for a detailed explanation and
                                                                            Types I, II and III female genital mutilation have been
                  proposed sub-divisions of types).
                                                                            documented in 28 countries in Africa and in a few
                                                                            countries in Asia and the Middle East (see Annex 3).
                  Classification                                            Some forms of female genital mutilation have also
                                                                            been reported from other countries, including among
                  Type I: Partial or total removal of the clitoris and/or
                                                                            certain ethnic groups in Central and South America.
                  the prepuce (clitoridectomy).
                                                                            Growing migration has increased the number of girls
                  Type II: Partial or total removal of the clitoris and
                                                                            and women living outside their country of origin who
                  the labia minora, with or without excision of the
                                                                            have undergone female genital mutilation (Yoder et
                  labia majora (excision).
                                                                            al., 2004) or who may be at risk of being subjected to
                  Type III: Narrowing of the vaginal orifice with           the practice.
                  creation of a covering seal by cutting and
                  appositioning the labia minora and/or the labia           The prevalence of female genital mutilation has been
                  majora, with or without excision of the clitoris          estimated from large-scale, national surveys asking
                  (infibulation).                                           women aged 15-49 years if they have themselves
                  Type IV: All other harmful procedures to the              been cut. The prevalence varies considerably, both
                  female genitalia for non-medical purposes, for            between and within regions and countries (see
                  example: pricking, piercing, incising, scraping and       Figure 1 and Annex 3), with ethnicity as the most
                  cauterization.                                            decisive factor. In seven countries the national
                                                                            prevalence is almost universal, (more than 85%);
                  Female genital mutilation is mostly carried out           four countries have high prevalence (60-85%);
                  on girls between the ages of 0 and 15 years.              medium prevalence (30-40%) is found in seven
                  However, occasionally, adult and married women            countries, and low prevalence, ranging from 0.6%
                  are also subjected to the procedure. The age at           to 28.2%, is found in the remaining nine countries.
                  which female genital mutilation is performed varies       However, national averages (see Annex 3) hide the
                  with local traditions and circumstances, but is           often marked variation in prevalence in different
                  decreasing in some countries (UNICEF, 2005a).             parts of most countries (see Figure 1).
5
                                                                                                          Eliminating Female Genital Mutilation

Figure 1. Prevalence of female genital mutilation in Africa and Yemen (women aged 15–49)

                                                                              The map shows the areas were FGM is practised, and
                                                                              since that can vary markedly in different parts of any
                                                                              country, no national boundaries are shown.
                                                                              Data at the sub-national level are not available for
                                                                              Zambia. Due to a discrepancy between the regional
                                                                              divisions used by DHS and the one adopted by DevInfo,
                                                                              it was not possible to include data at the sub-national
                                                                              level for Yemen.

                       Less than 10%

                       10.1% – 25%
                       25.1% – 50%

                       50.1% – 75%
                       75.1% or more
                                                                       Sources: MICS, DHS and other national surveys, 1997–2006
                       missing data or FGM not widely practiced        Map developed by UNICEF, 2007

The type of procedure performed also varies,                      Where female genital mutilation is widely practised,
mainly with ethnicity. Current estimates indicate                 it is supported by both men and women, usually
that around 90% of female genital mutilation cases                without question, and anyone departing from the
include Types I or II and cases where girls’ genitals             norm may face condemnation, harassment, and
were ‘nicked’ but no flesh removed (Type IV), and                 ostracism. As such, female genital mutilation is
about 10% are Type III (Yoder and Khan, 2007).                    a social convention governed by rewards and
                                                                  punishments which are a powerful force for
                                                                  continuing the practice. In view of this conventional
Why the practice continues
                                                                  nature of female genital mutilation, it is difficult
In every society in which it is practised, female
                                                                  for families to abandon the practice without
genital mutilation is a manifestation of gender
                                                                  support from the wider community. In fact, it is
inequality that is deeply entrenched in social,
                                                                  often practised even when it is known to inflict
economic and political structures. Like the now-
                                                                  harm upon girls because the perceived social
abandoned foot-binding in China and the practice of
                                                                  benefits of the practice are deemed higher than its
dowry and child marriage, female genital mutilation
                                                                  disadvantages (UNICEF, 2005a).
represents society’s control over women. Such
practices have the effect of perpetuating normative
                                                                  Members of the extended family are usually
gender roles that are unequal and harm women.
                                                                  involved in decision-making about female genital
Analysis of international health data shows a close
                                                                  mutilation, although women are usually responsible
link between women’s ability to exercise control
                                                                  for the practical arrangements for the ceremony.
over their lives and their belief that female genital
                                                                  Female genital mutilation is considered necessary
mutilation should be ended (UNICEF, 2005b).
6
    Eliminating Female Genital Mutilation

                  to raise a girl properly and to prepare her for          thereby ensuring marital fidelity and preventing
                  adulthood and marriage (Yoder et al., 1999;              sexual behaviour that is considered deviant and
                  Ahmadu, 2000; Hernlund, 2003; Dellenborg,                immoral (Ahmadu, 2000; Hernlund, 2000, 2003;
                  2004). In some societies, the practice is embedded       Abusharaf, 2001; Gruenbaum, 2006). Female
                  in coming-of-age rituals, sometimes for entry into       genital mutilation is also considered to make girls
                  women’s secret societies, which are considered           ‘clean’ and beautiful. Removal of genital parts
                  necessary for girls to become adult and responsible      is thought of as eliminating ‘masculine’ parts
                  members of the society (Ahmadu, 2000; Hernlund,          such as the clitoris (Talle, 1993; Ahmadu, 2000;
                  2003; Behrendt, 2005; Johnson, 2007). Girls              Johansen, 2007), or in the case of infibulation, to
                  themselves may desire to undergo the procedure           achieve smoothness considered to be beautiful
                  as a result of social pressure from peers and            (Talle, 1993; Gruenbaum, 2006). A belief
                  because of fear of stigmatization and rejection by       sometimes expressed by women is that female
                  their communities if they do not follow the tradition.   genital mutilation enhances men’s sexual pleasure
                  Also, in some places, girls who undergo the              (Almroth-Berggren et al., 2001).
                  procedure are given rewards such as celebrations,
                  public recognition and gifts (Behrendt, 2005;            In many communities, the practice may also
                  UNICEF, 2005a). Thus, in cultures where it is            be upheld by beliefs associated with religion
                  widely practised, female genital mutilation has          (Budiharsana, 2004; Dellenborg, 2004;
                  become an important part of the cultural identity        Gruenbaum, 2006; Clarence-Smith, 2007; Abdi,
                  of girls and women and may also impart a sense of        2007; Johnson, 2007). Even though the practice
                  pride, a coming of age and a feeling of community        can be found among Christians, Jews and Muslims,
                  membership.                                              none of the holy texts of any of these religions
                                                                           prescribes female genital mutilation and the
                  There is often an expectation that men will marry        practice pre-dates both Christianity and Islam
                  only women who have undergone the practice.              (WHO, 1996a; WHO and UNFPA, 2006). The role
                  The desire for a proper marriage, which is often         of religious leaders varies. Those who support the
                  essential for economic and social security as well       practice tend either to consider it a religious act,
                  as for fulfilling local ideals of womanhood and          or to see efforts aimed at eliminating the practice
                  femininity, may account for the persistence of the       as a threat to culture and religion. Other religious
                  practice.                                                leaders support and participate in efforts to
                                                                           eliminate the practice. When religious leaders are
                  Some of the other justifications offered for             unclear or avoid the issue, they may be perceived
                  female genital mutilation are also linked to             as being in favour of female genital mutilation.
                  girls’ marriageability and are consistent with
                  the characteristics considered necessary for             The practice of female genital mutilation is often
                  a woman to become a ‘proper’ wife. It is often           upheld by local structures of power and authority
                  believed that the practice ensures and preserves         such as traditional leaders, religious leaders,
                  a girl’s or woman’s virginity (Talle, 1993, 2007;        circumcisers, elders, and even some medical
                  Berggren et al., 2006; Gruenbaum, 2006). In some         personnel. Indeed, there is evidence of an increase
                  communities, it is thought to restrain sexual desire,    in the performance of female genital mutilation by
7
                                                                                     Eliminating Female Genital Mutilation

medical personnel (see box ‘Health professionals        in adult women (Berggren et al., 2006). In periods
must never perform female genital mutilation’,          of change, female genital mutilation can give rise
page 12). In many societies, older women who            to discussions and disagreement, and there are
have themselves been mutilated often become             cases in which some family members, against
gatekeepers of the practice, seeing it as essential     the will of others, have organized the procedure
to the identity of women and girls. This is probably    (Draege, 2007). Furthermore, both individuals
one reason why women, and more often older              and communities can change ideas and opinions
women, are more likely to support the practice,         several times (Nypan, 1991; Shell-Duncan and
and tend to see efforts to combat the practice as       Hernlund, 2006). Decision-making is complex and,
an attack on their identity and culture (Toubia and     to ensure that families who wish to abandon the
Sharief, 2003; Draege, 2007; Johnson, 2007). It         practice can make and sustain their decision so
should be noted that some of these actors also play     that the rights of girls are upheld, a wide group of
a key role in efforts to eliminate the practice.        people have to come to agreement about ending
                                                        the practice (see section on ‘Taking action for the
                                                        complete elimination of female genital mutilation’,
Female genital mutilation is sometimes adopted
                                                        page 13).
by new groups and in new areas after migration
and displacement (Abusharaf, 2005, 2007). Other
communities have been influenced to adopt the
practice by neighbouring groups (Leonard, 2000;
Dellenborg, 2004) and sometimes in religious
or traditional revival movements (Nypan, 1991).
Preservation of ethnic identity to mark a distinction
from other, non-practising groups might also be
important, particularly in periods of intensive
social change. For example, female genital
mutilation is practised by immigrant communities
living in countries that have no tradition of the
practice (Dembour, 2001; Johansen, 2002,
2007; Johnson, 2007). Female genital mutilation
is also occasionally performed on women and
their children from non-practising groups when
they marry into groups in which female genital
mutilation is widely practised (Shell-Duncan and
Hernlund, 2006).

Decisions to perform female genital mutilation on
girls involve a wide group of people who may have
different opinions and varying degrees of influence
(Shell-Duncan and Hernlund, 2006; Draege, 2007).
This is even true for the practice of reinfibulation
8
    Eliminating Female Genital Mutilation

                 Female genital mutilation is a violation
                 of human rights
                  Female genital mutilation of any type has been                The Committee on the Elimination of All Forms
                  recognized as a harmful practice and a violation              of Discrimination against Women, the Committee
                  of the human rights of girls and women. Human                 on the Rights of the Child and the Human Rights
                  rights—civil, cultural, economic, political and               Committee have been active in condemning the
                  social—are codified in several international                  practice and recommending measures to combat
                  and regional treaties. The legal regime is                    it, including the criminalization of the practice.
                  complemented by a series of political consensus               The Committee on the Elimination of All Forms of
                  documents, such as those resulting from the United            Discrimination against Women issued its General
                  Nations world conferences and summits, which                  Recommendation on Female Circumcision (General
                  reaffirm human rights and call upon governments               Recommendation No 14) that calls upon states
                  to strive for their full respect, protection and              to take appropriate and effective measures with
                  fulfilment.                                                   a view to eradicating the practice and requests
                                                                                them to provide information about measures being
                                                                                taken to eliminate female genital mutilation in
                  Many of the United Nations human rights treaty
                                                                                their reports to the Committee (Committee on the
                  monitoring bodies have addressed female genital
                                                                                Elimination of All Forms of Discrimination against
                  mutilation in their concluding observations on
                                                                                Women, 1990).
                  how States are meeting their treaty obligations.

                    International and regional sources of human rights
                    Strong support for the protection of the rights of women and girls to abandon female genital mutilation is
                    found in international and regional human rights treaties and consensus documents. These include, among
                    others:
                    International treaties
                    •   Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
                    •   Covenant on Civil and Political Rights
                    •   Covenant on Economic, Social and Cultural Rights
                    •   Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
                    •   Convention on the Rights of the Child
                    •   Convention relating to the Status of Refugees and its Protocol relating to the Status of Refugees
                    Regional treaties
                    • African Charter on Human and Peoples’ Rights (the Banjul Charter) and its Protocol on the Rights of Women
                      in Africa
                    • African Charter on the Rights and Welfare of the Child
                    • European Convention for the Protection of Human Rights and Fundamental Freedoms

                    Consensus documents
                    •   Beijing Declaration and Platform for Action of the Fourth World Conference on Women
                    •   General Assembly Declaration on the Elimination of Violence against Women
                    •   Programme of Action of the International Conference on Population and Development (ICPD)
                    •   UNESCO Universal Declaration on Cultural Diversity
                    • United Nations Economic and Social Council (ECOSOC), Commission on the Status of Women.
                        Resolution on Ending Female Genital Mutilation. E/CN.6/2007/L.3/Rev.1.
                    (See Annex 4 for full details of treaties and consensus documents).
9
                                                                                             Eliminating Female Genital Mutilation

Human rights violated by female                               right to freedom from torture or cruel, inhuman
genital mutilation                                            or degrading treatment or punishment as well as
                                                              the rights identified below. As it interferes with
Female genital mutilation violates a series of well-
                                                              healthy genital tissue in the absence of medical
established human rights principles, norms and
                                                              necessity and can lead to severe consequences
standards, including the principles of equality and
                                                              for a woman’s physical and mental health, female
non-discrimination on the basis of sex, the right to
                                                              genital mutilation is a violation of a person’s right
life when the procedure results in death, and the
                                                              to the highest attainable standard of health.

    The rights of the child

    Because of children’s vulnerability and their need for care and support, human rights law grants them
    special protection. One of the guiding principles of the Convention on the Rights of the Child is the primary
    consideration of ‘the best interests of the child’. Parents who take the decision to submit their daughters
    to female genital mutilation perceive that the benefits to be gained from this procedure outweigh the risks
    involved. However, this perception cannot justify a permanent and potentially life-changing practice that
    constitutes a violation of girls’ fundamental human rights.

    The Convention on the Rights of the Child refers to the evolving capacity of children to make decisions
    regarding matters that affect them. However, for female genital mutilation, even in cases where there is
    an apparent agreement or desire by girls to undergo the procedure, in reality it is the result of social pres-
    sure and community expectations and stems from the girls’ aspiration to be accepted as full members of
    the community. That is why a girl’s decision to undergo female genital mutilation cannot be called free,
    informed or free of coercion.

    Legal instruments for the protection of children’s rights specifically call for the abolition of traditional
    practices prejudicial to their health and lives. The Convention on the Rights of the Child makes explicit
    reference to harmful traditional practices and the Committee on the Rights of the Child, as well as other
    United Nations Human Rights Treaty Monitoring Bodies, have frequently raised female genital mutilation
    as a violation of human rights, calling upon State Parties to take all effective and appropriate measures to
    abolish the practice.
10
     Eliminating Female Genital Mutilation

                   Female genital mutilation has been recognized as        The right to participate in cultural life and freedom
                   discrimination based on sex because it is rooted in     of religion are protected by international law.
                   gender inequalities and power imbalances between        However, international law stipulates that freedom
                   men and women and inhibits women’s full and             to manifest one’s religion or beliefs might be
                   equal enjoyment of their human rights. It is a form     subject to limitations necessary to protect the
                   of violence against girls and women, with physical      fundamental rights and freedoms of others.
                   and psychological consequences. Female genital          Therefore, social and cultural claims cannot
                   mutilation deprives girls and women from making         be evoked to justify female genital mutilation
                   an independent decision about an intervention that      (International Covenant on Civil and Political Rights,
                   has a lasting effect on their bodies and infringes on   Article 18.3; UNESCO, 2001, Article 4).
                   their autonomy and control over their lives.
11
                                                                                    Eliminating Female Genital Mutilation

Female genital mutilation has harmful
consequences
Female genital mutilation is associated with a        A striking new finding from the study is that genital
series of health risks and consequences. Almost       mutilation of mothers has negative effects on
all those who have undergone female genital           their newborn babies. Most seriously, death rates
mutilation experience pain and bleeding as a          among babies during and immediately after birth
consequence of the procedure. The intervention        were higher for those born to mothers who had
itself is traumatic as girls are usually physically   undergone genital mutilation compared to those
held down during the procedure (Chalmers              who had not: 15% higher for those whose mothers
and Hashi, 2000; Talle, 2007). Those who are          had Type I, 32% higher for those with Type II
infibulated often have their legs bound together      and 55% higher for those with Type III genital
for several days or weeks thereafter (Talle, 1993).   mutilation. It was estimated that, at the study sites,
Other physical and psychological health problems      an additional one to two babies per 100 deliveries
occur with varying frequency. Generally, the risks    die as a result of female genital mutilation.
and complications associated with Types I, II and
III are similar, but they tend to be significantly    The consequences of genital mutilation for most
more severe and prevalent the more extensive          women who deliver outside the hospital setting
the procedure. Immediate consequences, such           are expected to be even more severe (WHO Study
as infections, are usually only documented when       Group on Female Genital Mutilation and Obstetric
women seek hospital treatment. Therefore, the         Outcome, 2006). The high incidence of post-
true extent of immediate complications is unknown     partum haemorrhage, a life-threatening condition,
(Obermeyer, 2005). Long-term consequences can         is of particular concern where health services are
include chronic pain, infections, decreased sexual    weak or women cannot easily access them.
enjoyment, and psychological consequences, such
as post-traumatic stress disorder. (See Annex 5 for
                                                      Note
details of the main health risks and consequences).
                                                      In contrast to female genital mutilation, male
                                                      circumcision has significant health benefits that
Dangers for childbirth                                outweigh the very low risk of complications when
                                                      performed by adequately-equipped and well-
Findings from a WHO multi-country study in which
                                                      trained providers in hygienic settings Circumcision
more than 28,000 women participated, confirm
                                                      has been shown to lower men’s risk for HIV
that women who had undergone genital mutilation
                                                      acquisition by about 60% (Auvert et al., 2005;
had significantly increased risks for adverse
                                                      Bailey et al., 2007; Gray et al., 2007) and is now
events during childbirth. Higher incidences of
                                                      recognized as an additional intervention to reduce
caesarean section and post-partum haemorrhage
                                                      infection in men in settings where there is a high
were found in the women with Type I, II and III
                                                      prevalence of HIV (UNAIDS, 2007).
genital mutilation compared to those who had
not undergone genital mutilation, and the risk
increased with the severity of the procedure (WHO
Study Group on Female Genital Mutilation and
Obstetric Outcome, 2006).
12
     Eliminating Female Genital Mutilation

                       Health professionals must never perform female genital mutilation

                                     “It is the mission of the physician to safeguard the health of the people.”
                                                 World Medical Association Declaration of Helsinki, 1964

                       Trained health professionals who perform female genital mutilation are violating girls’ and women’s right
                       to life, right to physical integrity, and right to health. They are also violating the fundamental medical
                       ethic to ‘Do no harm’. Yet, medical professionals have performed and continue to perform female genital
                       mutilation (UNICEF, 2005a). Studies have found that, in some countries, one-third or more of women had
                       their daughter subjected to the practice by a trained health professional (Satti et al., 2006). Evidence
                       also shows that the trend is increasing in a number of countries (Yoder et al., 2004). In addition, female
                       genital mutilation in the form of reinfibulation has been documented as being performed as a routine
                       procedure after childbirth in some countries (Almroth-Berggren et al., 2001; Berggren et al., 2004,
                       2006). Among groups that have immigrated to Europe and North America, reports indicate that reinfibu-
                       lation is occasionally performed even where it is prohibited by law (Vangen et al., 2004).

                       A range of factors can motivate medical professionals to perform female genital mutilation, including
                       prospects of economic gain, pressure and a sense of duty to serve community requests (Berggren et al.,
                       2004; Christoffersen-Deb, 2005). In countries where groups that practise female genital mutilation have
                       emigrated, some medical personnel misuse the principles of human rights and perform reinfibulation in
                       the name of upholding what they perceive is the patient’s culture and the right of the patient to choose
                       medical procedures, even in cases where the patient did not request it (Vangen et al., 2004; Thierfelder
                       et al., 2005; Johansen, 2006a)

                       Some medical professionals, nongovernmental organizations, government officials and others consider
                       medicalization as a harm-reduction strategy and support the notion that when the procedure is per-
                       formed by a trained health professional, some of the immediate risks may be reduced (Shell-Duncan,
                       2001; Christoffersen-Deb, 2005). However, even when carried out by trained professionals, the pro-
                       cedure is not necessarily less severe, or conditions sanitary. Moreover, there is no evidence that medi-
                       calization reduces the documented obstetric or other long-term complications associated with female
                       genital mutilation. Some have argued that medicalization is a useful or necessary first step towards total
                       abandonment, but there is no documented evidence to support this.

                       There are serious risks associated with medicalization of female genital mutilation. Its performance by
                       medical personnel may wrongly legitimize the practice as medically sound or beneficial for girls and
                       women’s health. It can also further institutionalize the procedure as medical personnel often hold power,
                       authority, and respect in society (Budiharsana, 2004).

                       Medical licensing authorities and professional associations have joined the United Nations organizations
                       in condemning actions to medicalize female genital mutilation. The International Federation of Gynecol-
                       ogy and Obstetrics (FIGO) passed a resolution in 1994 at its General Assembly opposing the perfor-
                       mance of female genital mutilation by obstetricians and gynaecologists, including a recommendation to
                       “oppose any attempt to medicalize the procedure or to allow its performance, under any circumstances,
                       in health establishments or by health professionals” (International Federation of Gynecology and Obstet-
                       rics, 1994).
13
                                                                                       Eliminating Female Genital Mutilation

Taking action for the complete elimination
of female genital mutilation
Action taken at international, regional and national   • Sustained: As behaviour change is complex,
levels over the past decade or more has begun to          sustained action is essential to have a lasting
bear fruit. Increasing numbers of women and men           impact. Although change may occur rapidly, the
from practising groups have declared support for          process leading to change can be slow and long.
discontinuing the practice and, in some areas,         • Community- led: Programmes that are led
the prevalence of female genital mutilation has           by communities are, by nature, participatory
decreased. The reduction in prevalence is not,            and generally guide communities to define
however, as substantial as hoped for. Therefore,          the problems and solutions themselves.
it is vital that the work against female genital          Programmes that have demonstrated success
mutilation be intensified to more effectively             in promoting abandonment of female genital
counteract the underlying reasons behind                  mutilation on a large scale build on human
continuation of the practice.                             rights and gender equality and are non-
                                                          judgmental and non-coercive. They focus on
Bringing an end to female genital mutilation              encouraging a collective choice to abandon
requires a broad-based, long-term commitment.             female genital mutilation.
Experience over the past two or three decades has
shown that there are no quick or easy solutions.
The elimination of female genital mutilation
                                                       A process of positive social
requires a strong foundation that can support
                                                       change at community level
successful behaviour change and address the            New insights from social science theory and the
core values and enforcement mechanisms that            analysis of programme experiences indicate that
support the practice (WHO, 1999; UNICEF, 2005a;        abandonment of female genital mutilation on a
Population Reference Bureau, 2006; Donor               large scale results from a process of positive social
Working Group, 2007). Even though there have           change (Mackie, 2000; Yount, 2002; Hayford,
been few systematic evaluations of the many            2005; Shell-Duncan and Hernlund, 2006). The
programmes being run by nongovernmental                conventional nature of the practice requires a
organizations, governments and others, there           significant number of families within a community
are reviews that provide some overall lessons          to make a collective, coordinated choice to
(WHO, 1999; Population Reference Bureau, 2001,         abandon the practice so that no single girl or family
2006; UNICEF, 2005a, 2005b; UNFPA, 2007c).             is disadvantaged by the decision (UNICEF, 2005b).
Key among these lessons is that actions and            The decision to abandon must be collective and
interventions must be:                                 explicit so that each family will have the confidence
• Multisectoral: Concerted action from many            that others are also abandoning the practice. The
   sides and at different levels is needed, from       decision must be widespread within the practising
   local to global and involving sectors such          community in order to be sustained. In effect, it will
   as education, finance, justice, and women’s         bring into place a new social norm that ensures the
   affairs as well as the health sector; and many      marriageability of daughters and the social status
   different kinds of actors must be engaged,          of families that do not cut their girls; a social norm
   from community groups and nongovernmental           that does not harm girls or violate their rights.
   organizations including health professional
   groups and human rights groups to governments
   and international agencies.
14
     Eliminating Female Genital Mutilation

                   Programmes that include ‘empowering’ education,         methods, such as computer-based applications and
                   discussion and debate, public pledges and               mobile phone messages.
                   organized diffusion have been shown to bring about
                   the necessary consensus and coordination for the        Educational activities must be sensitive to local
                   sustained abandonment of female genital mutilation      cultural and religious concerns or run the risk
                   at community level. The activities encourage            that the information provided will be regarded as
                   communities to raise problems and define solutions      morally offensive and result in negative reactions
                   themselves regarding a variety of concerns,             in communities. Information provided should be
                   including sensitive ones such as female genital         based on evidence, but at the same time build on
                   mutilation, without feeling coerced or judged.          local perceptions and knowledge. Community-
                   Different methods can be used to create a space for     based educational activities can also build on
                   open and reflective dialogue, including intercultural   and expand their work with the mass media such
                   dialogue that investigates cultural variations within   as drama, video and local radio. ‘Champions’
                   and between communities as well as aspects of           against female genital mutilation, such as public
                   cultural change. Such methods have shown to be          personalities, can also be used to relay information
                   particularly effective when they raise and stimulate    and messages about female genital mutilation
                   discussion on human rights principles. Programmes       (Population Reference Bureau, 2006).
                   using these elements and principles have
                   demonstrated a significant reduction in prevalence      As female genital mutilation is a manifestation
                   seven years after the original programmatic             of gender inequality, a special focus on women’s
                   intervention (Ndiaye et al., in press).                 empowerment is important (see box below).
                                                                           However, educational activities must reach all
                   Empowering education helps people to examine            groups in the community with the same basic
                   their own beliefs and values related to the practice    information to avoid misunderstandings and to
                   in a dynamic and open way, that is not experienced      inspire inter-group dialogue. The format must be
                   or seen as threatening. Educational sessions will       adapted so as to suit the realities of each specific
                   be empowering if they serve not only to impart          group. It is also important to include young people
                   new knowledge but also to provide a forum for           - both girls and boys - as they are often more
                   participants to exchange experiences, and help          open to change, and can themselves be important
                   them reveal and share complex inner feelings            change agents.
                   and examine conflicting attitudes towards female
                   genital mutilation in the community Empowering          Schools can offer a forum for learning and
                   education can be undertaken through various             discussion about female genital mutilation if they
                   forms of training, including literacy training,         can create an environment of confidence, trust
                   analytical skills and problem-solving as well as        and openness. Artists and others who provide
                   through the provision of information on human           positive role models can be brought into schools,
                   rights, religion, general health and sexual and         and materials can be developed for teachers and
                   reproductive health. Classes and workshops              integrated into school curricula and teacher training
                   can include the use of traditional means of             on subjects such as science, biology and hygiene
                   communication such as theatre, poetry, story            as well as those in which religious, gender and
                   telling, music and dance, as well as more modern        other social issues are addressed (UNICEF, 2005b).
15
                                                                                         Eliminating Female Genital Mutilation

Nevertheless, schools may not always be the ideal          value of women in the community, thus fostering
setting for learning about sensitive and intimate          their active contribution to decision-making and
issues and, as many girls and boys are not enrolled        enhancing their ability to discontinue the practice.
in school, other outreach activities for young people      Intergenerational dialogue is another example in
are needed. As it is advisable to reach all groups         which communication between groups that rarely
of the community with the same basic information,          discuss such issues on an egalitarian basis is
all forms and spaces of learning, including                encouraged (GTZ, 2005). Most importantly, such
intergenerational dialogue should be explored when         public discussions can stimulate discussions in
designing initiatives to address female genital            the private, family setting where decisions about
mutilation.                                                genital mutilation of girl children are made by
                                                           parents and other family members (Draege, 2007).
To reach the collective, coordinated choice
necessary for sustained abandonment of female              The collective, coordinated choice by a practicing
genital mutilation, communities must have                  group to abandon female genital mutilation should
the opportunity to discuss and reflect on new              be made visible or explicit through a public pledge
knowledge in public. Such public dialogue                  so that it can be trusted by all concerned. Indeed,
provides opportunities to increase awareness               many of the approaches adopted by community-
and understanding by the community as a whole              based initiatives lead towards a public declaration
on women’s human rights and on national and                of social change (WHO, 1999; Population
international legal instruments on female genital          Reference Bureau, 2001, 2006). This creates the
mutilation. This dialogue and debate among                 confidence needed by individuals who intend to
women, men and community leaders often focuses             stop the practice to actually do so and is therefore
on women’s rights, health, and female genital              a key step in the process of real and sustained
mutilation, and brings about recognition of the            change in communities.

    Empowerment of women

    As female genital mutilation is a manifestation of gender inequality, the empowerment of women
    is of key importance to the elimination of the practice. Addressing this through education and
    debate brings to the fore the human rights of girls and women and the differential treatment of
    boys and girls with regard to their roles in society in general, and specifically with respect to female
    genital mutilation. This can serve to influence gender relations and thus accelerate progress in
    abandonment of the practice (WHO, 2000b; Population Reference Bureau, 2001, 2006; UNICEF,
    2005b; UNFPA, 2007a). Programmes which foster women’s economic empowerment are likely to
    contribute to progress as they can provide incentives to change the patterns of traditional behaviour
    to which a woman is bound as a dependent member of the household, or where women are loosing
    traditional access to economic gain and its associated power. Gainful employment empowers women
    in various spheres of their lives, influencing sexual and reproductive health choices, education and
    healthy behaviour (UNFPA, 2007a).
16
     Eliminating Female Genital Mutilation

                   Different mechanisms have been used to make             passing information and engaging in discussion
                   public the pledge to abandon the practice. In some      with influential members of other communities that
                   contexts, public pledges have taken the form of         are part of the same social network. Through a
                   written declarations, publicly posted, which are        strategy of organized diffusion, communities that
                   signed by those who have decided to abandon             are abandoning the practice engage others to do
                   female genital mutilation. In West Africa, pledges      the same, thereby increasing the consensus and
                   are typically made in the form of inter-village         sustainability of the new social norm that rejects
                   declarations involving as many as 100 villages          female genital mutilation.
                   at a time. These are festive occasions that bring
                   together individuals who have participated in
                   the educational sessions, religious, traditional        National-level actions
                   and government leaders and a large number of            Social change within communities can be hindered
                   other community members. Often, people from             or enhanced by activities at national level and
                   communities that have not been directly involved        across national boundaries. As at community
                   in promoting abandonment are invited as a way           level, activities at national level should promote
                   of spreading the abandonment movement. Media            a process of social change that leads to a shared
                   are typically present and serve to disseminate          decision to end female genital mutilation. Activities
                   information about the fact that communities are         must engage traditional, religious and government
                   abandoning the practice and to explain the reasons      leaders, parliamentarians and civil society
                   why.                                                    organizations.

                   Among some populations where female genital             Promoting the decision to abandon female
                   mutilation is traditionally accompanied by a            genital mutilation includes national activities that
                   ‘coming of age’ ritual, alternative rituals that        bring the practice into the public discussion and
                   reinforce the traditional positive values but without   debate. The media can play a crucial role both in
                   female genital mutilation, have been pursued.           bringing correct information to households and
                   Such approaches have added new elements in the          in informing people about positive social change
                   rituals, including education on human rights and        that may be taking place in communities. This is
                   sexual and reproductive health issues. Alternative      particularly important when discussion of female
                   rites have been found to be effective to the extent     genital mutilation is considered taboo. Information
                   that they foster a process of social change by          activities should target local needs and concerns
                   engaging the community at large, as well as girls,      as well as provide information on a wide range of
                   in activities that lead to changing beliefs about       issues, such as human rights including child and
                   female genital mutilation (Chege et al., 2001).         women’s rights, facts on female sexual organs
                                                                           and functions and consequences of female genital

                   As with individual families, it is difficult for one    mutilation, as well as the ways in which individuals

                   community to abandon the practice if those around       and communities can combat the practice.

                   it continue. Activities at community level therefore
                   must include an explicit strategy for spreading         Activities must include the review and reform of
                   the decision to abandon the practice throughout         laws and policies as well as sectoral measures
                   the practising population. This is typically done by    especially within the health, education, social and
17
                                                                                      Eliminating Female Genital Mutilation

legal protection systems. A number of countries         as well as a patient’s human rights, in line with
have enacted specific laws or applied existing          international human rights and ethical standards.
legal provisions for prohibiting the practice (see      Medical practitioners who engage in the practice
box below). The effectiveness of any law depends,       should be subject to disciplinary proceedings and
however, on the extent to which it is linked to the     have their medical licenses withdrawn.
broader process of social change. Legal measures
are important to make explicit the government’s
                                                        Health service providers must be trained to identify
disapproval of female genital mutilation, to support
                                                        problems resulting from female genital mutilation
those who have abandoned the practice or wish to
                                                        and to treat them. This includes procedures to treat
do so, and to act as a deterrent. However, imposing
                                                        immediate complications, and to manage various
sanctions alone runs the risk of driving the practice
                                                        long-term complications including defibulation.
underground and having a very limited impact
                                                        Defibulation should be offered as soon as possible
on behaviour (UNICEF, 2005b). Legal measures
                                                        (not only during childbirth) since it may reduce
should be accompanied by information and other
                                                        several health complications of infibulation, as
measures that promote increased public support
                                                        well as providing impetus for change. Evidence
for ending the practice.
                                                        suggests that improved birth care procedures
                                                        according to WHO guidelines (WHO, 2001a,
The amendment, adoption and enforcement                 2001b, 2001c) can contribute to reducing the risks
of laws should be done in consultation with             associated with female genital mutilation for both
community and religious leaders and other civil         the mother and the child during childbirth.
society representatives. Mechanisms should be
established to review and assess the enforcement
of the laws regularly (UNFPA, 2006, 2007c).             Responsibility of actors
                                                        The responsibility for action lies with many players,
Ending female genital mutilation and treatment and      some of whom are mentioned below; but the
care of its adverse health consequences should          accountability ultimately rests with the government
be an integral part of relevant health programmes       of a country, to prevent female genital mutilation,
and services, such as safe motherhood and child         to promote its abandonment, to respond to its
survival programmes, sexual health counselling,         consequences, and to hold those who perpetrate
psycho-social counselling, prevention and               it criminally responsible for inflicting harm on girls
treatment of reproductive tract infections and          and women.
sexually transmitted infections including HIV and
AIDS, prevention and management of gender-              Governments have legal obligations to respect,
based violence, youth health programmes and             protect and promote human rights, and can
programmes targeting traditional birth attendants       be held accountable for failing to fulfil these
(who may also be traditional circumcisers).             obligations. Accordingly, governments need to take
                                                        appropriate legislative, judicial, administrative,
Medical ethics standards must make it clear that        budgetary, economic and other measures to the
the practice of female genital mutilation upon          maximum extent of their available resources.
children or women violates professional standards       These measures include ensuring that all domestic
18
     Eliminating Female Genital Mutilation

                      Laws for the elimination of female genital mutilation

                      Constitutional recognition of the rights of girls and women
                      Constitutional measures to uphold the rights of women and girls, such as equality, non-discrimination and
                      protection from violence, are critical and can shape the response of governments to eliminating female
                      genital mutilation. Examples applicable to female genital mutilation include: ‘women’s protection from
                      harmful practices’; prohibition of customs or traditions that are ‘against the dignity, welfare or interest of
                      women or which undermine their status’, and abolition of ‘traditional practices’ injurious to people’s health
                      and well-being. Such constitutional protections can provide guidance for drafting laws and policies and for
                      implementing them. They can also require the revision or abolition of laws and policies that are not com-
                      patible with these principles.

                      Criminal laws
                      In some countries, the existing general provisions of criminal codes have been, or can be, applied to
                      female genital mutilation. These may include: ‘intentional wounds or strikes’, ‘assault occasioning griev-
                      ous harm’, ‘attacks on corporal and mental integrity’ or ‘violent acts that result in mutilation or perma-
                      nent disability’. Some governments have enacted laws that specifically prohibit the practice of female
                      genital mutilation, many of which specify the categories of people who are potentially liable under the
                      law. Accordingly, traditional practitioners, medical personnel, parents, guardians and persons who fail to
                      report a potential or already committed crime can be subject to prosecution. The type of penalty also var-
                      ies and includes imprisonment, fines or, in the case of medical personnel, the confiscation of professional
                      licenses. The penalty may differ according to the form of the mutilation, and often increases when this
                      crime is committed against minors or results in death.

                      Child protection laws
                      A number of countries have declared the applicability of child protection laws to female genital mutila-
                      tion, while others have enacted and applied specific provisions for the elimination of harmful practices,
                      including female genital mutilation. Child protection laws provide for state intervention in cases in which
                      the State has reason to believe that child abuse has occurred or may occur. They may enable authorities
                      to remove a girl from her family or the country if there is reason to believe that she will be subjected to
                      female genital mutilation. These laws focus on ensuring the best interests of the child.

                      Civil laws and remedies
                      In countries with adequate mechanisms for adjudicating civil claims and enforcing judgements, female
                      genital mutilation can be recognized as an injury that gives rise to a civil lawsuit for damages or other
                      redress. Girls and women who have undergone female genital mutilation can seek redress from practitio-
                      ners and/or others who participate in such an act. Other laws may be available and utilized to prevent the
                      procedure from occurring in the first place, such as child protection laws.

                      Asylum and immigration regulations
                      It has been widely recognized that gender-based violence, including female genital mutilation, can amount
                      to persecution within the meaning of the refugee definition of the 1951 Refugee Convention and its 1967
                      Protocol. Regional resolutions and specific national regulations require that women and girls who are at
                      risk of undergoing female genital mutilation in other countries are granted refugee status or complemen-
                      tary forms of protection. Furthermore, in some cases, immigration authorities are required to provide infor-
                      mation to immigrants about the harmful effect of female genital mutilation and the legal consequences of
                      the practice. Some of these regulations contain instructions that such information should be provided in a
                      sensitive and culturally appropriate manner.
You can also read